65Amendment of originating process after expiry of limitation period

#### 65 Amendment of originating process after expiry of limitation period 65 Amendment of originating process after expiry of limitation period (cf SCR Part 20, rule 4; DCR Part 17, rule 4) > > (1) This section applies to any proceedings commenced before the expiration of any relevant limitation period for the commencement of the proceedings. > > > (2) At any time after the expiration of the relevant limitation period, the plaintiff in any such proceedings may, with the leave of the court under section 64 (1) (b), amend the originating process so as— > > > > > (a) to enable the plaintiff to maintain the proceedings in a capacity in which he or she has, since the proceedings were commenced, become entitled to bring and maintain the proceedings, or > > > > > (b) to correct a mistake in the name of a party to the proceedings, whether or not the effect of the amendment is to substitute a new party, being a mistake that, in the court’s opinion, is neither misleading nor such as to cause reasonable doubt as to the identity of the person intended to be made a party, or > > > > > (c) to add or substitute a new cause of action, together with a claim for relief on the new cause of action, being a new cause of action that, in the court’s opinion, arises from the same (or substantially the same) facts as those giving rise to an existing cause of action and claim for relief set out in the originating process. > > > (3) Unless the court otherwise orders, an amendment made under this section is taken to have had effect as from the date on which the proceedings were commenced. > > > (4) This section does not limit the powers of the court under section 64. > > > (5) This section has effect despite anything to the contrary in the [Limitation Act 1969](/view/html/inforce/current/act-1969-031). > > > (6) In this section, originating process, in relation to any proceedings, includes any pleading subsequently filed in the proceedings. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].